Understanding Traumatic Brain Injuries and Your Rights

Unfortunately, unlike exterior injuries, such as cuts or bruises, traumatic brain injuries (TBIs) can be difficult to spot and diagnose, as they are internal in nature. In addition, some TBI symptoms only appear in the days, weeks, and months after the initial injury took place, making it hard to determine if a symptom is the result of a TBI or another medical condition.

This is one of the reasons why it’s essential to get immediate — and continuing — medical care after any accidents that could have resulted in a traumatic brain injury. Not only will this ensure you get the best possible care, but medical records from your appointments can provide the evidence you need to get fair compensation for your injuries.

If you experience any of the below symptoms in the minutes, hours, days, and weeks following an accident, you may be experiencing a traumatic brain injury:

• Headache
• Confusion
• Fatigue
• Seizures
• Sleeping problems
• Inability to wake up
• Dizziness
• Unconsciousness
• Hearing problems
• Concentration issues
• Weakness or numbness in the limbs
• Mood swings
• Confusion, agitation, or restlessness
• Enlarged pupils
• Bad taste in the mouth
• Severe headaches
• Coordination problems

Traumatic brain injuries can occur due to a variety of accident types, including car, truck, boat, and motorcycle accidents, medical malpractice, slips and falls, and sports-related injuries.

If you or someone you love has gotten in an accident, particularly if a head injury is involved, call 9-1-1 immediately. After ensuring everyone is safe, you will also want to speak to an attorney as quickly as possible. Everything you say and do in the aftermath of an accident (including interactions with law enforcement and insurance companies) can impact the compensation you may receive as a result of settlement negotiations or a jury trial.

In addition to calling a lawyer and the proper medical or law enforcement authorities, you may want to follow the below guidelines after an accident:

• Don’t Incriminate Yourself: It’s crucial to avoid “self-incrimination” by apologizing to another party or an insurance company at an accident scene, as this could be used as evidence against you later on.
• Don’t Sign Anything: In many cases, insurance companies, doctors, or hospitals will attempt to induce you to sign settlement papers directly after an accident. This is always a bad idea, as the settlements offered are typically quite small. In addition, accepting a settlement at this point could prevent you from fighting for a larger settlement later.
• Be Careful With Your Insurance Company: When it comes to getting compensation for a traumatic brain injury, your insurance company is not always your friend. It’s often a good idea to speak with your lawyer first before speaking with your insurance company to avoid saying anything that could reduce your settlement amount or reduce your chances of victory if your case goes to trial.
• Document the Accident: If you are physically able, it’s often a good idea to take photos or video recordings of the accident scene, as this can serve as evidence in your case.

Some of the most common causes of traumatic brain injuries include:

• Slips and falls: According to 2017 data, 49% of TBI hospitalizations resulted from slip and fall incidents. Slips and falls can impact anyone but are especially common in older adults.
• Vehicle Accidents: According to the same data, about 25% of TBI hospitalizations resulted from vehicle accidents, which can include car, truck, motorcycle, and boating accidents.
• General/Workplace Accidents: Being accidentally struck with an object, such as a falling piece of equipment or product at a factory or office, is another common cause of traumatic brain injuries.
• Violence: TBIs can result from almost any kind of violence, but they are particularly common among gunshot victims. Most gunshot-related TBIs are inflicted by others, but some are self-inflicted.
• Sports: Sports, especially contact sports, such as football, rugby, and boxing, are yet another common cause of TBIs.

When dealing with a case such as a car accident resulting in a TBI, the liable party is often the other driver involved, especially if they were the one who caused the accident. In other types of TBI cases, however, finding the liable party can be more difficult. Some examples of liable parties for different accident types include:

• Slips and Falls: In slip and fall cases, the liable party may often be a homeowner, business, school, or event venue. If the slip and fall occurred in an eldercare facility, the facility operator owner may be liable for the incident.
• Medical Malpractice: Medical malpractice is hard to prove, but when it occurs, both doctors and hospitals could be at fault. In order to prove medical malpractice, a victim must show that the doctor had a duty of care over the patient, they did not honor that duty, and that a reasonable doctor would have behaved otherwise in the same situation. If you think a medical error, such as an anesthesiologist’s error, caused a TBI, you should attempt to get your records immediately and find a new doctor who can get you tested as quickly as possible.
• Device Malfunctions: A device malfunction in a car could lead to a crash, a defective football helmet could lead to a concussion, and a defective cane could lead to a slip and fall. These are only a few examples of how device malfunctions could lead to TBIs. In most cases, the manufacturer is liable for dangerous product defects, but in other cases, the seller could be liable, especially if they knew the device could be defective.
• Trucking Companies: Trucking accidents are somewhat different than car accidents since they can involve one or more trucking companies that own or lease the truck, as well as potentially the truck driver themselves. Any or all of these parties could be liable, especially if the accident was caused by a preventable maintenance or safety issue.